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(영문) 대전지방법원 2018.04.27 2017고단4781
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 30, 2014, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (driving), etc. at the Daejeon District Court, and on September 7, 2017, the Defendant was sentenced to a fine of four million won due to a violation of road traffic law (driving under drinking) at the same court.

[Criminal facts]

1. The Defendant is a person who is engaged in driving of B-learning cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) and the violation of the Road Traffic Act (the post-accident).

On October 14, 2017, the Defendant driven the said car under the influence of alcohol content of 0.121% during blood transfusion around 01:00, while driving the said car, and driven the front road in Seo-gu Daejeon, Daejeon, along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the offline from the offside to E-section.

At the time, there are night and there are vehicles parked and stopped on the right side of the road, so in such a case, there was a duty of care to reduce the speed to those engaged in driving business and to prevent accidents by driving safely by checking well the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to stop at the front of the vehicle, and was driven by the Victim F (36 tax) of the Victim F (36 Do) who was standing in the front of the running direction of the Defendant by the Defendant, and received the front right part of the car driving by the Defendant after the car XG, the left part of the car driving by the Defendant.

Ultimately, the suspect suffered injury to the victim F(36 tax) and the victim H(21 years of age), and victim I(20 years of age) who boarded the back seat of the said TDG car due to the above occupational negligence, respectively. At the same time, the suspect did not take necessary measures, such as immediately stopping the said TD XG car to cover KRW 3,345,138 for the repair cost to cover KRW 3,345,138.

2. The accused of a violation of the Traffic Act on the road and a violation of the Traffic Act on the road shall meet the time limit set in the preceding paragraph.

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